Firing

There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.

Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!

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A North Carolina restaurant is facing an EEOC lawsuit after it disciplined and fired a 79-year-old employee.
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Hey, it happens: Sometimes, employers mess up. But they can undo much of the damage by acting fast to fix mistakes. Take this case, in which a termination letter was sent by mistake while the disciplinary process was still under way. A quick explanation and retraction saved the day.

Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.
A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.
Never ignore an employee lawsuit, even if you think it is frivolous. In­­stead, prepare to defend yourself as soon as possible. That way, you can push for a quick dismissal if it’s clear the employee has no case.

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

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